In 1991 the Royal Commission into Aboriginal Deaths in Custody, which investigated the deaths of 99 Indigenous persons in police or prison custody occurring between January 1980 and May 1989, presented its findings and recommendations. One of the outcomes was the establishment of a National Deaths in Custody Monitoring and Research Program at the Australian Institute of Criminology.

During 2002 (the most recent figures available), 69 people died in all forms of custody in Australia, a 21% decrease since 2001. Of the 69 deaths, 14 were of Indigenous persons. The largest number of deaths in custody recorded since 1990 was in 1997 (105), while the largest number of Indigenous deaths was in 1995 (21) (table 11.45).

11.45 DEATHS IN CUSTODY

Police

Prison

Total(a)

Indigenous

Non-Indigenous

Indigenous

Non-Indigenous

Indigenous

Non-Indigenous

Total

1990

5

26

5

28

10

55

65

1991

5

26

8

31

13

57

70

1992

7

24

2

34

9

58

67

1993

3

28

7

42

10

71

81

1994

3

24

11

42

14

67

81

1995

4

22

17

42

21

66

87

1996

6

23

12

40

18

64

82

1997

6

23

9

67

15

90

105

1998

6

19

9

60

16

79

95

1999

6

20

13

46

19

66

85

2000

5

20

11

53

17

74

91

2001

5

26

14

42

19

68

87

2002

6

13

8

42

14

55

69

(a) Includes deaths that occurred in custody other than police or prison custody (such as juvenile detention).

Source: Australian Institute of Criminology, National Deaths in Custody database, 1990-2002.

During the period 1990-2002, the majority of deaths (65%) occurred in prison custody, while 34% were in police custody - 18% of all deaths in prison custody were of Indigenous prisoners. During this period, the proportion of the prison population that was Indigenous rose from 14% to 20%. In 1995 the crude death rate of Indigenous prisoners was more than twice that of non-Indigenous prisoners (5.7 and 2.4 respectively). However, in 2002, both the Indigenous and the non-Indigenous death rates were 3.1 per 1,000 prisoners (graph 11.46). The death rate of non-Indigenous prisoners was higher than that of Indigenous prisoners in 1992, 1997 and 1998.